Oates v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson. Circuit Court. — Hon. E. 'P. Gates, Judge. (1) If, upon the testimony, the plaintiff was not entitled to recover, no error at the trial could justify a new trial. Homuth y. Railroad, 129 Mo. 642;. Vogg v. Railroad, 138 Mo. 181; Bartley v. Railroad, 148 Mo. 142. (2) Plaintiff wholly failed to make a case.
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Appeal from Jackson. Circuit Court. — Hon. E. 'P. Gates, Judge. (1) If, upon the testimony, the plaintiff was not entitled to recover, no error at the trial could justify a new trial. Homuth y. Railroad, 129 Mo. 642;. Vogg v. Railroad, 138 Mo. 181; Bartley v. Railroad, 148 Mo. 142. (2) Plaintiff wholly failed to make a case. He was required to show •by proof that he was in a position of danger long enough for the defendant’s gripman to have known thereof and avoided the injury. Telle v. Railroad, 50 Kan. 455; s. e., 31 Pac. 10 Y9. There was no testimony of the distance within which a train…
1Opinion of the CourtMarshall, J.
— The plaintiff sues the defendant for personal injuries caused by the alleged negligence of the defendant’s servant in violently and needlessly ringing the gong on its cable car, thereby frightening the plaintiff’s horse, causing him to run away and throw plaintiff out of his buggy. There was a verdict for the defendant The motion for new trial contained seven grounds, among them, that the verdict was against the weight of the evidence, but the court based its action in granting a new trial upon its error in giving instructions asked by the defendant From that order the defendant appealed.
The…
2Cases cited13 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Dickson v. Omaha & St. Louis RailroadSupreme Court of Missouri · 1894
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Stumpf v. Panhandle Eastern Pipeline Co.Supreme Court of Missouri · 1945
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Pence v. Kansas City Laundry Service Co.Supreme Court of Missouri · 1933
- Monroe v. Chicago & Alton Railroad Co.Supreme Court of Missouri · 1920
- Perkins v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1932
17 more not listed; retrieve them via the Exa API.